The state Legislature has asked voters to consider a constitutional amendment to expand the use of temporary judges.
Given the long waits for trial facing many civil cases, the amendment makes sense. In the Nov. 6 general election, voters should say yes to Engrossed Senate Joint Resolution 8208.
The proposal is aimed at addressing shortages in the number of superior court judges in many counties, including Snohomish. Although temporary judges are now allowed to fill in, the amendment would make their use considerably easier.
The superior courts would be empowered to bring in elected judges from other levels of the judicial system — the lower ranking district courts or the higher ranking appellate courts. The state Supreme Court would be required to adopt a rule to assure that the assignments of visiting judges fit with their levels of experience. And the parties to the case would be given the right to have one temporary judge dismissed from their case. That would be in addition to any other challenges that they can make to the assignment of a judge to their case.
The right of dismissal is a change from existing practice, as opponents have pointed out. Currently, temporary judges can serve only with the written agreement of both parties. That is an important guarantee of justice in cases where temporary judges are simply attorneys acting as judges. And that provision will continue in such cases, but not where the temporary judge is an elected judge visiting from another county or court. In those cases, the right to remove one temporary judge should be adequate protection.
It is extremely expensive for counties and the state to add new superior court judges. And criminal cases necessarily take priority, meaning that civil suits can be delayed so long that justice is effectively denied. This measure can help by making it easier to assure that judges are assigned where they are most needed.
The taxpayers can’t afford additional court expenses, but this plan, which has been carefully reviewed by judges and attorneys, will expand access to justice without running up expenses. SJR 8208’s flexibility is a good step forward.
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